A resolution to reclassify two properties to immediate priority sewer status was considered at our county council’s June 14 meeting. Having originally been classified at a lower priority in 2006, and with concern for a possible delay of up to 2 more years, council president Chuck Callahan made this request of county attorney Patrick Thomas, “Explain to us what’s happening here. Dig into the weeds with me.”

This process can be complicated. Two properties on the Matthewstown Rd. subdivision, a development of 200 homes previously classified as S2 would move to S1, immediate priority. This requires an amendment to our comprehensive water and sewer plan. There are “lots of hoops to go through,” but Resolution 331 will now go to the planning commission, and assuming approval, return to the council for a vote.

Our county’s population, currently 37,502, is up around 3,700 since 2000; and the Maryland Department of Planning has forecast population growth of 2,000 for Talbot County by 2030. With the addition of 200 homes at the Gannon Farms development, we can expect a modest increase in our population of around 440.

And our next decade? Gannon Farms will be contributing 200 homes. Poplar Hill on Oxford Rd. will add 439; and Lakeside anticipates building 2,501 homes. A total of 3,140 homes translates to population growth of around 6,900.

5,500 from Lakeside alone would be a level of population growth never before experienced in Talbot County – and all the more reason for environmental concerns in a county with over 600 miles of shoreline.

On May 27 a group of Talbot County residents joined the nonprofit Talbot Integrity Project to file suit against the Maryland Department of the Environment. This complaint contends that construction for the connection of 120 Lakeside homes to Trappe’s outdated wastewater treatment plant should not continue without our Talbot County Planning Commission’s approval.

The planning commission’s approval is required for approval of resolutions by our county council. Our public works advisory board voted unanimously against Lakeside, but Resolution 281 was initially approved by the planning commission and passed by the council.

A public hearing was also required, and a lawsuit would be filed before a hearing was be granted five months later. The data submitted on October 12, 2021 included transcripts from past county meetings, an independent wastewater treatment plant inspection report, findings of environmental organizations, and reminders of Maryland code.

Witnesses were granted more than three minutes to speak; but responses from the council included questions concerning veracity, an assertion that the county had no authority over the town of Trappe, and a suggestion that any wastewater treatment system “passing muster” would be sufficient.

Maryland Environmental Code requires counties to be in charge of planning for development. State agencies and others might assist; but this responsibility is assigned to counties, with jurisdiction over towns and villages. And our comprehensive plan requires “the state’s most recent standard” of wastewater treatment for new development.

Following the public hearings our planning commission rescinded its approval of Resolution 281.

In a March 14 interview council president Chuck Callahan suggested, “If we’d have been a bit more proactive, we could have resolved all of this 3-4 years ago…The environmental community should have been more proactive. They’ve been doing their own thing, so there’s a little bit of blame on the other side for not doing their homework.”

The county wasn’t aware of issues regarding the performance of Trappe’s aging wastewater treatment plant when Resolution 281 was approved, but the shortcomings of this aging plant have since become clear. Environmentalists have also offered testimony and public comments at council meetings and hearings, but were not invited to participate in the council’s work session.

ShoreRivers is testing water samples regularly. Swimming remains restricted in 8 locations around our Chesapeake Bay – and those locations include the Choptank River and Trappe Landing, a stone’s throw from the Lakeside development.

In order for Lakeside’s first 120 homes to be connected to Trappe’s underperforming plant in compliance, council member Laura Price had introduced a resolution requiring our current state standard, Enhanced Nutrient Removal (ENR), at Trappe’s plant, possibly with the assistance of modular wastewater treatment until either the development’s spray wastewater plant could be completed or Trappe’s plant upgraded. This was not approved,

We heard a suggestion that modular units on trucks would dump wastewater into manholes. Curiously, we had also heard at the public hearing that Trappe’s wastewater treatment is negatively impacted in that manner by rainwater.

MDE has requested guidance from our county, but turned down an opportunity to find a solution outside of court. Our courts will surely move us in the right direction again.

Talbot County Council Vice President Pete Lesher recently reminded us that our comprehensive plan is being revised, and “this is a time to be paying attention.” A vision of where we’re going is fundamental to a positive outcome.

The June 14 meeting was productive.The county’s ethics code will move to a “third reader” for consideration of updates to comply with state standards. Resolution 328 will allow amendments introduced by the county to be submitted on any legislative day. Habitat Choptank will receive a grant for a renovation on Locust Lane, and BAAM will receive assistance in the construction of a new academic center. The description of country clubs for zoning purposes and amendments concerning piers and related structures will also be considered, as will a resolution to raise county council salaries from $14,400 to $25,000.

That will be voted upon at a public hearing in July, and the meeting adjourned in a timely manner at 7:41 pm.

Carol Voyles is a graphic designer/illustrator who retired to the Eastern Shore and became interested in politics. She serves as communications chair for the Talbot County Democratic Forum and lives in Easton.

Our county budget for 2023 is good, and we were reassured of the Talbot County Planning Commission’s oversight at their meeting Wednesday. Our Talbot County Comprehensive Water and Sewer Plan requires providing our state’s most recent standard of wastewater treatment to new homes in a development, and we’re moving in that direction.

More time was devoted that morning to discussion of Resolution 329. It requires a temporary moratorium on processing applications for large scale solar development; and the next few months will include consideration of setback requirements, reclassification of property and titling issues, reimbursements per acre, and requirements related to escrow, funding and bonds.

We wouldn’t want topsoil removed and sold in this process. That happened in Delaware, essentially eliminating the option of returning to agriculture. Attorney Ryan Showalter provided a helpful summary of bond and escrow issues; and Scott Kane, co-owner of Creative Energies Solar, had submitted a report described by a commissioner as “the best task force report ever.”

Most importantly, everyone seemed focused upon working together for the best outcome for Talbot County, and it was suggested that a mid-June work session would include not only Attorney Showalter and Scott Kane, but public works, solar experts, environmental organizations, Easton Utilities, and representatives of counties with experience in solar.

It was also emphasized that the health and welfare of our citizens and the requirements of our comprehensive plan are priorities, and the need to educate the public as the process proceeds was also recognized.

It’s been a steep learning curve for many of us over the past year, but at this point we might feel confident that our planning commission understands that the county has authority over planning for all development, and these plans must first be approved by the planning commission.

The Maryland Association of Counties (MACO) recently briefed our Talbot County Council on current legislation and advised of assistance available to counties. The Maryland Department of Planning has resources to assist in planning; and, in coordination with MACO, has provided guidelines for managing growth that includes assistance for updating comprehensive plans, planning septic tiers, amending a comprehensive plan, holding public hearings and work sessions for new plans, approving changes to plans in a timely fashion, and planning for change in 10-year increments.

Lakeside has been in the works for decades. In 2009 Talbot County Council President Phil Foster asked the Maryland Department of the Environment (MDE) why the state had granted Lakeside a construction permit on May 30, 2006, for a sewerage plant to serve over 2,000 homes and scores of commercial units without county approval.The 2003 agreement between the town of Trappe and the developer requires compliance with the town’s comprehensive plan for a development of 2,501 residences.

It was reported that concerns had been expressed to the MDE regarding possible efforts to bypass the county’s approval in 2005. The developer’s attorney suggested that the MDE has ultimate authority, and the developer also had the right to proceed because the county was delinquent in updating its water and sewer plan.

MDE explained that Lakeside’s request was the first separate municipal plan submitted directly to the department, and the department was overwhelmed at that time by a housing boom and hundreds of applications. Questions over the legality and propriety of what happened remain unresolved.

Resolution 281 permitting the project to move forward was adopted by the Talbot County Council on August 11, 2020. A request for the rescission of Resolution 281 was made on May 7, 2021, and a public hearing took place on October 12, 2021.

Provided with additional information and within a relatively short period of time, on November 3, 2021, the planning commission determined that hooking up to 120 homes to an underperforming wastewater treatment plant for an undetermined period of time until a spray irrigation treatment system is completed is inconsistent with our comprehensive plan; and the planning commission’s approval of Resolution 281 was rescinded

The legality and propriety of ongoing construction at Lakeside is therefore being questioned; and on May 27, 2022, county residents joined the Talbot Integrity Project to file a complaint against MDE, an action taken to enforce the Talbot County Planning Commission’s decision to disapprove of Resolution 281 and to revoke or suspend the construction permit allowing sewerage from Lakeside to be directed to the existing Trappe plant.

Attorneys representing the Integrity Project met with MDE in an attempt to rectify Lakeside’s problems without going to court. That opportunity was turned down, but lessons may have been learned already. With a town in trouble, there’s lots of emotion; but with a project of this size, there may be far less opportunity to escape scrutiny.

Carol Voyles is a graphic designer/illustrator who retired to the Eastern Shore and became interested in politics. She serves as communications chair for the Talbot County Democratic Forum and lives in Easton.

Our county’s FY2023 budget of $112,607,000 closely mirrors the FY2022 budget. “Essentially flat” compared to FY 2022’s $112,816,000, Talbot’s FY2023 budget was passed unanimously at the county council’s May 17 meeting. We are spending a bit more, but our FY2022 budget surplus provides a cushion.

A surplus is also expected for FY2023. Planning for the possibility of unforeseen expenses is always a good idea, and we cannot help but appreciate that Talbot County is managing to provide this positive outcome with the lowest property tax rate and second lowest income tax rate in Maryland. We have a one cent increase in our property tax rate, as authorized by voters in 2020, and a one cent educational supplement for our public schools. FY2023 operating expenses are also up 7.7%; but that is below the inflation rate. We are in great shape.

The sheriff’s office and health department will be building new headquarters We’re also investing in first responders including our paramedics and volunteer fire departments, fulfilling educational commitments and requests, undertaking roadway and sewer projects, and providing information technology throughout Talbot County. Cost of living and wage increases will also address our county’s recruitment and retention issues.

As Council Vice President Pete Lesher pointed out once FY2023 passed, a county’s budget is a “policy document and a reflection of our priorities;” and “this budget reflects our commitment to funding public safety.”

Councilmember Laura Price, now serving her last year on the council, recalled a county budget of approximately $65 million 12 years ago. She also reminded us that low tax rates will likely continue to result in lower levels of education funding from the state, but raising taxes can cause people to leave. And funding could then go down even more.

Talbot County has seen a modest level of population growth over the past 12 years. We experienced a bit of a surge from 2009 to 2010 and welcomed around 1,000 new residents. Traffic might have become a bit heavier then, but our population has remained relatively stable since.

But we could be faced with additional revenue requirements for FY2024. Tax rate increases generally accompany significant levels of population growth. Talbot’s population was 37,782 in 2010, and our population is currently estimated to be 37,502. It’s slightly smaller now, but from 2009 to 2010 we experienced a population growth rate of 3.7%, high for Talbot County. Our population increased from 36,034 to 37,361 and has changed little since.

That may be changing now. Developments totaling over 3,000 residences are currently planned for Talbot County. With an average occupancy rate of 2.2 persons per residence, and if all goes as planned, we will be welcoming approximately 6,600 new residents in a relatively short period of time. An 18% level of growth is unprecedented for Talbot County, at least in times that most of us can recall. Our FY2023 budget is making welcomed investments; but we might prepare for more challenging circumstances in coming years.

Our public schools currently comprise 43% of our county’s expenses. They are performing well, but we would be demanding more of them and of other county operations. A surplus is planned for FY2023; but revenues could become a concern for FY2024. This is a play in motion for a whole new level of development for Talbot County. With revenues and taxes in mind, we’ll be looking forward to hearing about fee-per-residence infrastructure agreements with developers.

Carol Voyles is a graphic designer/illustrator who retired to the Eastern Shore and became interested in politics. She serves as communications chair for the Talbot County Democratic Forum and lives in Easton.

“We’re going to have fun today,” a county council member noted upon entering the Bradley meeting room for their May 3 meeting. The room was filled with smiling faces, and congratulatory and celebratory moments would prevail. The meeting got off to a good start by naming Dan Schekenburger as the new director of the Upper Shore Workforce Investment Board and then honoring the Talbot County Department of Corrections for its exemplary service.

Bill 1498, a proposal for Talbot County’s Fiscal Year 2023 annual budget, was Introduced by County Manager Clay Stamp and described in detail by Finance Director Ken Davis. The FY2023 budget includes investments in infrastructure, expansion of paramedic services, recruitment and training for volunteer firefighters, enhanced support for the sheriff’s office, funding of educational requests, and cost of living increases to address recruitment and retention issues.

The $112.6 million FY2023 budget increase of 7.5% was attributed in large part to sewer extension throughout the Bay Hundred and sanitary improvements countywide. Sanitary tax rates would go up 40-50%, but those costs would be offset by the county’s $14.3 million FY2022 budget surplus. And an even larger budget surplus has been forecast for FY2023.

Clifford Coppersmith, President for Administration of Chesapeake College, reaffirmed that enrollment was up at the college and thanked the council for their support during challenging Covid times.

Sheriff Gamble expressed his appreciation of the council’s support and the FY2023 budget proposal for additional staff and new quarters. “We couldn’t do anything we do without the support of the council,” he emphasized in closing. His expressions of gratitude were returned in kind.

Superintendent Kelly Griffith expressed her gratitude in no uncertain terms. “I am really here to say to all of you, thank you…You have listened, and you have asked excellent questions of our budget…and I really appreciate your collaborative spirit.” And Easton High had experienced its highest graduation rate ever.

Dana Newman, Director of Talbot County Library, and Susan Sherman, President of the Talbot County Library Board of Trustees, thanked the council for its support of the renovation of the St. Michaels library and making it possible for the library to continue to serve the community.

Bill Shrieves, President of the Board of Directors of Upper Shore Aging, and Childene Brooks, Manager of Brookletts Place Senior Center thanked the council for its commitment to the seniors of our community and continued support for their programs. As throughout the meeting, expressions of gratitude were reciprocated.

This meeting was an opportunity for our community’s leaders and our county council to share well-deserved expressions of gratitude for the many services they provide, Tax increases elicited a brief pause; but just 2 of Maryland’s 24 county jurisdictions currently have lower property tax rates. A positive and congratulatory mood prevailed.

This positive mood carried into the council’s brief and upbeat May 10 meeting. We learned that Council member Corey Pack would be in Colorado this summer to accept an award honoring Talbot County’s resilient strategy in addressing the Covid pandemic, and President Chuck Callahan would be “stunned with all the positive energy” that evening.

Resolution 328 was up for a vote. This would address the council’s ability to introduce resolutions to our Comprehensive Plan on any legislative day, rather than on a quarterly schedule, and it passed unanimously. We might wonder if had it been introduced earlier, if it might have allayed some of the confusion as attempts were made to alter the course of Lakeside’s wastewater treatment plans.

Talbot County is in great shape; but in one of Maryland’s wealthiest counties in the wealthiest nation on earth, couldn’t there be a way to honor our Comprehensive Plan’s requirements for wastewater treatment for Lakeside?

We will surely have a positive outcome eventually, possibly even in a timely manner; but there is currently no legal requirement, or anything “in writing” as council member Laura Price requested, to require the state’s most recent wastewater treatment standards for Lakeside’s first 120 homes. Considering also the unprecedented size of this development, public awareness and concern for the health of the Bay, couldn’t we simply do this?

It has been over a year now since a petition requesting reconsideration of the Lakeside project was introduced. A lawsuit was scheduled before a hearing would finally be granted. Several resolutions have since been offered and defeated. Despite the facts presented and decisions of our Planning Commission, three members of our county council have refused to require compliance with our Comprehensive Plan.

The Public Integrity Project, a nonpartisan citizens’ organization, is moving on. A litigation team is currently preparing the lawsuit demanded by these circumstances. We will certainly hear more from the developer’s attorney. He participated frequently in county meetings; but should this proceed to trial, we also hear from those who have had relatively few opportunities to present their concerns.

The county’s FY2023 budget will be voted upon at the council’s May 17 meeting. The council is likely looking forward to another pleasant evening. Our county’s office of law may be less jubilant.

Carol Voyles is a graphic designer/illustrator who retired to the Eastern Shore and became interested in politics. She serves as communications chair for the Talbot County Democratic Forum and lives in Easton.

Our County Council discusses Lakeside issues regularly, and at one meeting we were advised that attending Trappe Town Council meetings could increase our understanding of Lakeside issues.

To that end, the town and the developer have been well represented. We might also keep the requirements of the Clean Water Act and our Comprehensive Plan in mind. Our Comprehensive Water and Sewer Plan requires connecting new properties to “the most current state standard,” and 67 wastewater treatment plants across Maryland are currently being upgraded to ENR (Enhanced Nutrient Removal).

The following is public record. Videos of County Council meetings are available here.

Resolutions considered at the County Council’s April 26 meeting were revisions to our Comprehensive Water and Sewer Plan. Twelve were approved unanimously; one was put on hold for further consideration. We can look forward to sewers being extended throughout the Bay Hundred, and Tilghman’s wastewater treatment will be connected to St. Michaels.

The evening was proceeding smoothly. Then Resolution 327 requiring ENR wastewater treatment standards before up to 120 additional homes could be connected to Trappe’s underperforming wastewater treatment plant was introduced. (Capacity is not a problem, but Trappe’s Biolac plant does a poor job of processing nitrogen. Only a particulate form of nitrogen can be removed through solids separation.)

County Engineer Ray Clarke reported that the Public Advisory Board had made no recommendation. He would later explain that they were “just done.”

Planning Officer Miguel Salinas then reported that the Planning Commission found Resolution 327 consistent with the Comprehensive Plan, but wanted language added clarifying that ENR standards would also be applicable to any additional connections to the wastewater treatment plant.

Councilmember Laura Price was disappointed that the Public Advisory Board had not voted and requested holding the resolution open for reconsideration.

Councilmember Corey Pack responded, ”No problem. I won’t be supporting it whether it comes before the Council today or tomorrow.”

“I’m with Mr. Pack. Has this been addressed to the town of Trappe?  I would like to know how this affects their bottom line,” Councilmember Frank Divilio added.

Price responded, “This isn’t about money. It’s about doing the right thing for the environment.”  She then addressed Ryan Showalter, attorney for the developer’s trust, and expressed disappointment for his failure to put terms for the construction of Lakeside’s spray wastewater plant in writing, as requested months ago.

Pack offered, “In the Comprehensive Water and Sewer Plan it doesn’t say ENR. You can connect to an ENR, a Biolac, or a lagoon system, as long as it passes muster. Nothing says it can connect just to an ENR system.”  (ENR is the “most current state standard.”)

Divilio wanted to see some modular units. No one seemed to know much about them, but Clarke suggested they are small systems on trailers or trucks that discharge into manholes. (Onsite, add-on, and decentralized, solutions are available for inspection online. Not a trailer in sight, but one could surely be found. And what about hauling?)

Divilio suggested withdrawing the resolution, and Price responded, “I’m not withdrawing.”

Showalter offered, “If there were such a simple modular system, Tilghman would have been using it by now.” He also doubted that such a system exists, but saved the day by admitting he’s not an engineer.

He went on to suggest that putting clean water in a manhole would mess with Trappe’s system. (He should know about this. That is precisely the point that Dan Watson’s wastewater treatment witness made regarding the rainwater flowing into Trappe’s system.)

Showalter then suggested that a “hundred homes” on Tilghman are connecting to an underperforming wastewater treatment plant and still receiving permits.

Price reminded him of the difference between 3 or 4 homes and hundreds by describing them as “apples and oranges.” Those “hundred” homes were built nearly two decades ago. A few lots are still available, perhaps as many as 15.

Reminded then of lack of public support for Lakeside, Callahan was “done with this.” And, anyway, they were “way over time.”

But Pack interjected, “The Advisory Board can’t make a decision. I move to call 327 to a vote.”

Council President Callahan responded in a timely fashion, “I second.”

Council Vice President Pete Lesher inquired, “Is this a motion to move to vote?”

Pack elaborated, “It’s already been read a second time. This is a motion to vote.”

No revision of Resolution 327 required. The Council voted 3-2 against compliance with our Comprehensive Water and Sewer Plan.

This may have been expected, as few attended this meeting. Divilio did at one point shout, “Whoa,” when confronted with the idea that his position could have anything to do with money or protecting the developer; but he has made it clear that his sympathies lie with the “little town struggling to survive.”

Yet state and federal assistance were never mentioned, but a lawsuit is now in the works.

Carol Voyles is a graphic designer/illustrator who retired to the Eastern Shore and became interested in politics. She serves as communications chair for the Talbot County Democratic Forum and lives in Easton.

It’s been nearly two years since Resolution 281 was passed on August 11, 2020, finally giving the green light to Lakeside after nearly two decades; and it’s been nearly a year ago now since two County Council members asked, “Is there any water that is not polluted?” and “How much time are we going to spend on this?”

The Planning Commission’s April 20 agenda included 14 resolutions. Resolution 327 would require Enhanced Nutrient Removal before additional connections can be made to Trappe’s wastewater treatment plant. This resolution differs from others offered recently, as it suggests that modular units might supplement Trappe’s plant rather than waiting for the plant’s upgrade to ENR. This resolution also requires the Planning Commission’s approval before the County Council can consider it.

Documents accompanying Resolution 327 included a Planning Commission Report focusing upon the requirements of our Comprehensive Plan and a transcript of one of our longest and possibly most informative County Council hearings of 2021. Dan Watson had filed a petition requesting that Resolution 281 be rescinded on May 7, 2021, and was finally granted permission, as required by law, to present his case 5 months later, on October 12, 2021.

Watson acknowledged that his presentation would take some time, and offered, “I understand the frustration, and I apologize; but this is the only opportunity petitioners have to put on the record and in front of the public and other authorities this wealth of information.” That was 6 months ago, and since then we have been hearing from representatives of the town of Trappe and the developer regularly. These voices could be worth recalling.

Photos have been taken of discharge visible on the surface of La Trappe Creek. Matt Pluta of ShoreRivers collected water samples over a period of 3 years, and samples taken at the point of discharge from Trappe’s plant contained 38mg/liter of nitrogen. The standard is 8mg/liter, and E-coli samples were 11-12 times the standard recommended. The Department of Natural Resources had also classified an area 200 feet downstream as restricted, and posted “no shellfish harvest is permitted” on their website.

Robert Croswell, former Trappe Town Council president and superintendent of the wastewater treatment plant, expressed his concern that “sludge handling is inadequate” and recommended “a moratorium on connections.”

Jim Smullens, a Talbot County resident and retired wastewater treatment analyst with over 20 years’ experience was “astounded at the lack of regulatory oversight,” and had “never seen anything like this in his career.” He noted, “Everywhere else in the world, MDE and the EPA do this, not county government” He also pointed out that “nitrogen is not in their permit. They have no requirement to remove nitrogen.”

Tom Alspach, speaking on behalf of Preservation Alliance, reminded our Council that due to advances in technology, Lakeside’s planned spray wastewater plant could operate at initial low flow rates. But depending upon how home sales go and when that plant might be constructed, the developer could remain on Trappe’s plant indefinitely.

The County has no say in the rights and responsibilities agreement between the town of Trappe and the developer; and what needs to be addressed is not only control of when a connection to Trappe will be discontinued, but that a connection should not be permitted until Trappe’s plant is upgraded to ENR. We were also reminded that state grants may be available.

Citizens then presented their concerns, and the Council was reminded, “This is your legacy.”

Our County Council has since been advised by Ryan Showalter, attorney for the developer’s trust, that Trappe’s wastewater treatment plant has experienced few infractions. They were not reminded of the duration of these violations or that Trappe must comply only to the requirements of the permit issued when their plant was installed. Nitrogen problems have been acknowledged, and will be addressed eventually.

Attorney Showalter has more recently reminded us that homes built in Tilghman are connected to Tilghman’s wastewater treatment plant despite its poor performance, and he reminded us of this again at the Planning Commission’s meeting. A few lots are still available there, but the Tilghman on Chesapeake development was essentially completed by 2005, before our Comprehensive Plan was updated to its current standards.

The Planning Commission had 14 resolutions for their consideration, several related to sewerage; and their discussion of these projects included concerns for capacity, critical area, and sea rise. When Resolution 327 was introduced, real estate attorney Ryan Showalter needed no introduction, He took a seat at the table and again reminded us that homes on Tilghman were connecting to an underperforming plant.

At this point he didn’t need to remind us that rules shouldn’t be different for Trappe. They shouldn’t be; but two wrongs have yet to make a right, and 120 homes in Lakeside are clearly of more consequence, both in number and public perception.

We’re reading about Lakeside in the Washington Post, and more of us are likely aware of our 2016 Comprehensive Plan’s directive to connect new development to “the most current state standard” for wastewater treatment than we were a few years ago. Resolution 327 will very likely be amended by our County Council to clarify its meaning at their next meeting, and could be back to our Planning Commission for consideration in May.

Carol Voyles is a graphic designer/illustrator who retired to the Eastern Shore and became interested in politics. She serves as communications chair for the Talbot County Democratic Forum and lives in Easton.

Our County Council was scheduled to vote on Resolution 327 regarding the Trappe Lakeside development at their April 12 meeting, but Councilperson Laura Price reminded those in attendance that the Planning Commission hadn’t yet made a decision. Council Vice President Pete Lesher was also on vacation and attending via video.

The resolution requiring ENR (Enhanced Nutrient Removal) wastewater treatment in Trappe before 120 homes could be connected must first be approved by the Planning Commission, and Resolution 327 is now scheduled for consideration at their April 22 meeting at 9 AM in the Wye Oak room of Talbot County Community Center. They could be expecting a crowd.

Approval of a proclamation to promote awareness of April as Flood Awareness Month was followed by a lengthy discussion of growth and traffic issues; but most resolutions on the agenda received little comment. They will be subject to a vote following consideration by the Planning Commission.

Trappe East Holdings and Business Trust attorney Ryan Showalter did take this opportunity to address Resolution 327. He began by suggesting that Resolution 327 should not be considered at all because it was not first forwarded to the Department of Public Works, and was therefore procedurally flawed.

Both Public Works and the Planning Commission must consider resolutions before a Council vote is taken. There could still be time? He also suggested that Resolution 327 is discriminatory, as it targets a single development.

He then described wastewater treatment plant violations on Tilghman Island, pointed out that houses were still built there, and that Trappe’s plant has far fewer violations – just 3 over the past 3 years. He did not mention that those violations have sometimes lasted for months, or that there’s no development of Lakeside’s scale on Tilghman.

Trappe Councilmember Brian Schmidt also offered his viewpoint as a member of the town’s council. He pointed out that the fish are still jumping and ducks are still flying over Trappe Creek. He also fears that a “certain contingency” who has never attended a meeting in Trappe may feel “Trappe is cowboying around without regard for public safety.” He suggested that anyone who had attended the town’s meetings would know that phosphorus is “already to ENR standards,” pathogens are being managed, and we just have to upgrade our plant to get the nitrogen in order.” He assured us that “our operator is doing what he can,” and “Trappe is not a failing plant.”

It would be updated eventually, and then there’s the bottom line. Mr, Schmidt shared that if Resolution 327 were adopted the town of Trappe would have to return $630,000 to the developer to upgrade Trappe’s plant to ENR standards before connections are made. With interest, that would translate to $1,637.62 per resident – all for 18 months of compliance (or possibly 3 years, as he suggested recently) for as many as 120 new homes. He summarized, “You’re penalizing Trappe for not having the funding for an ENR plant sooner,”

That’s a tough assessment, but timing is clearly an issue. Our Comprehensive Plan requires that wastewater treatment must meet “the most current state requirements” before new developments are connected. Our Planning Commission has also withdrawn its approval of Resolution 281 permitting up to 120 new homes to be connected to Trappe’s currently underperforming plant, and their approval is required.

Underperforming plants must always be addressed, but intentionally connecting up to 120 homes to one? Is it any wonder that a project of this scale has been challenged? Supplemental wastewater treatment has been mentioned. Are modular units being considered? Our state currently has a huge surplus. Could a grant be available for a town struggling to provide up-to-date service?

The Planning Commission seems likely to approve Resolution 327 for our County Council’s vote. Promoting our health and safety is a requirement of our Comprehensive Plan, and a solution that could not be interpreted as compromising our well-being for a development of unprecedented scale would seem to be in all of our best interests.

Carol Voyles is a graphic designer/illustrator who retired to the Eastern Shore and became interested in politics. She serves as communications chair for the Talbot County Democratic Forum and lives in Easton.